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Old 10-03-2008, 02:00 PM
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We don't have the facts on this event. Despite all the waivers in the world that you sign, a company still has an obligation to inform the customer if conditions are not usual or normal, and they have to exercise due diligence and good judgment. Carnival could be vicariously liable through the legal theories of agency and respondent superior.

Do we know if the tour operator didn't carry out the duties listed above? No. Do we know anything other than anecdotal reports about rough water and so forth? No.

I didn't intend to start a big debate on tort reform. Nor did I say I felt a lawsuit should be filed, I just know they will be - and not just by the man who lost his wife. As some of you know, I've been close to being in his shoes.
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Old 10-03-2008, 02:18 PM
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I would like to make it clear that I wasn't condoning a lawsuit either. I only indicated that there probably would be one. I totally agree people should take responsibility for their own actions. However; there lies the problem; they don't. Which results in a judicial system overflowing with lawsuits.
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Old 10-03-2008, 02:21 PM
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The more I think about it, I am sorry I ever started this thread. I meant it to be a report on a tragedy. Now I have a debate on the tort system.

So this thread is closed.
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